Business ProfileforFamily Fitness

Gov. Action
The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the government's allegations, which have not yet been proven.

On December 7, 2017, the State of Michigan, 17th Circuit Court for Kent Count issued an Opinion and Order Granting Preliminary Injunction in the case of Bill Schuette, Attorney General of the State of Michigan v. Family Fitness.

Despite the Court's serious concerns about the propriety and the legality of the defendants' practices, the Court cannot impose a sweeping injunctive order that effectively provides the Attorney General of the State of Michigan with monetary relief that should more appropriately take the form of money damages available only at the conclusion of this case. In addition, the Court cannot use an injunction to alter or prescribe the contractual provisions that govern the relationships between defendants and its customers.

Accordingly, the Court shall enter a preliminary injunction that curtails the most abusive sharp practices of the defendants, but the Court must leave to another day some complicated matters such as appropriate financial relief and curtailment of the defendants' ability to enter into contractual relationships with customers.

Based on the Court's careful analysis of the nine requests from the Attorney General, it is ordered that defendant Family Fitness is prohibited and enjoined from engaging in the following activities:

Disallowing, preventing or ignoring any written cancellation made by a consumer seeking to terminate any membership or personal training agreement, regardless of when that agreement was entered into;

Applying the electronic signature of any Michigan consumer to any agreement without his or her express knowledge and consent;

Stating, or suggesting, that signing a new membership or personal training agreement is a prerequisite to removing any past debts from collection;

Maintaining or enforcing any membership agreement entered into by a consumer who entered into the agreement following a statement by Family Fitness that doing so would cause a prior debt claimed by Family Fitness to be removed from collections or otherwise resolved;

Telling any consumer that a membership, personal training session, or other benefit or prize is "free" or will be provided without charge if any costs or charges will be applied;

Using the promise of prizes to generate business, except to the extent Family Fitness fully complies with the requirements of MCL 450.903.

Gov. Action
The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the government's allegations, which have not yet been proven.

On July 14, 2017 State of Michigan, Attorney General Bill Schuette issued a Notice of Intended Action and opportunity to Cease and Desist to West Michigan-based gym Family Fitness concerning it's unlawful practice of misleading members into believing they must make certain monetary payments after they cancelled their gym and personal training contracts. Schuette said Family Fitness should stop making any statements, written or verbal, that cause customers to believe they will be required to pay the full amount of their contract, even if they cancel their membership.

Schuette also advised Family Fitness that he is continuing to interview affected consumers and will take necessary steps by either opening a formal investigation or filing suit against the chain based on the actions the business takes following the cease and desist.

Schuette's inquiry into Family Fitness stems from the high number of complaints his Office has received against the corporation since 2011. So far in 2017, 48 consumer complaints were filed against Family Fitness, either directed at the primary corporate office or one of its individual locations. Another 55 consumer complaints were filed against Family Fitness between 2011 and 2016.

Family Fitness has taken the position that it believes the gym is entitled to payment of the full contract amount when a consumer cancels, or attempts to cancel, membership and personal training agreements. These agreements generally ranged from one to three years in duration, meaning Family Fitness told consumers they are obliged to pay hundreds or even thousands of dollars for unused months remaining on those agreements.

A copy of the notice from the Attorney General's Office may be viewed at the following link: https://lintvwood.files.wordpress.com/2017/07/notice-of-intended-action.pdf

Consumers may file a complaint online with the Attorney General's Office by going to Online Consumer Complaint/Inquiry, otherwise they may send their complaint by regular mail or fax as listed below. If you have any questions, please call the Consumer Protection Division Monday through Friday from 8:30 AM to 4:30 PM at 517-373-1140 or toll free 877-765-8388. Complaints may be mailed to Consumer Protection Division, P.O. Box 30213, Lansing, MI. 48909 or faxed to (517)241-3771.